Deschutes Road Trust, Robert Hogue, Trustee - Page 9




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          trustee as Robert Hogue.                                                    
               H.  Hearings on Respondent’s Motion                                    
               This matter was called for hearing at the Court’s motions              
          sessions held in Washington, D.C., on September 25 and October              
          23, 2002.  Counsel for respondent appeared at the hearings and              
          offered argument and evidence in support of respondent’s motion             
          to dismiss, as supplemented.  There was no appearance by or on              
          behalf of Deschutes at either hearing, nor did Deschutes file any           
          written statement pursuant to Rule 50(c).                                   
          Discussion                                                                  
               According to respondent, Deschutes failed to show that                 
          Robert Hogue is its duly appointed trustee.  Respondent asserts             
          that as a result, no valid petition has been filed and the Court            
          must dismiss this case for lack of jurisdiction.  We agree.                 
               It is well settled that the taxpayer has the burden of                 
          proving the Court’s jurisdiction by affirmatively establishing              
          all facts giving rise to our jurisdiction.  See Patz Trust v.               
          Commissioner, 69 T.C. 497, 503 (1977); Fehrs v. Commissioner, 65            
          T.C. 346, 348 (1975); Wheeler's Peachtree Pharmacy, Inc. v.                 
          Commissioner, 35 T.C. 177, 180 (1960); Natl. Comm. To Secure                
          Justice v. Commissioner, 27 T.C. 837, 838-839 (1957).                       
          Furthermore, unless the petition is filed by the taxpayer, or by            
          someone lawfully authorized to act on the taxpayer's behalf, we             
          are without jurisdiction.  See Fehrs v. Commissioner, supra at              






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